THE OBAMA CARE PENALTY IS ILLEGAL AND UNCONSTITUTIONAL - PEOPLE CAN SELF INSUREThe Obama Administration is enforcing a lie, with the IRS collection of the penalty for failure to comply with the unconstitutional mandate, requiring individuals to purchase Health Insurance.
In the case of, National Federation of Independent Business v. Sebelious, 132 S.Ct. 2566, 2584 (June 28. 2012), all nine Justices of the Supreme Court held that:
"The Affordable Care Act does not require that the penalty for failure to comply with the individual mandate be treated as a tax for purposes of the Anti-Injunction Act. The Anti-Injunction Act therefore does not apply to this suit, and we may proceed to the merits."
If the individual mandate was a tax, no Court would have jurisdiction to hear the lawsuit. Under the Anti-Injunction Act, if the penalty was a tax, the tax would have to be paid, and then a lawsuit could be filed for a refund.
In a 5 to 4 Vote, the Supreme Court held that Congress did not have authority under the Commerce Clause, Article I, Section 8, to command people to engage in commerce by purchasing Health Insurance. Therefore, the individual mandate is unconstitutional.
But to save face for Obama, in another 5 to 4 Vote, the Supreme Court held that Congress could collect the penalty for failure to comply with the unconstitutional mandate, under the Power to Tax.
There are several problems with this:
(1) The individual mandate itself is unconstitutional and cannot be enforced by taxing individuals who do not buy Health Insurance;
(2) The IRS is an agency created under Congress' Article I Power to Tax. But the Supreme Court specifically held that the penalty is not a tax;
(3) Had the Supreme Court held that the penalty was a tax, there would be no jurisdiction to hear the case from the beginning.
So the IRS is illegally collecting the Affordable Care Act penalty for failure to comply with the unconstitutional mandate, requiring individuals to buy Health Insurance.
In addition, under the law of Agency and Master - Servant, an individual has the authority to self insure, or to contract with an Insurance Agency, to act on behalf of the individual. The Constitution provides a Right to Freedom of Contract.
Under the Obama Care mandate, the Federal Government commands the mandate, assuming the authority of a Tyrant, and includes Insurance Companies under the Tyrant's power.
It is time for the People to stand-up and take back control of the Federal Government. It is time for the People to VOTE FOR FREEDOM - KEITH JUDD FOR PRESICDENT OF USA 2016, Democratic Candidate, now out of Obama's Federal Prison, and still innocent.